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Terms of Use

State of Arizona

TERMS OF USE CHAMPION EMPOWERMENT INSTITUTE

Rev. 133A18A
Version Date: July 01, 2017

July 1, 2017

TERMS OF USE AGREEMENT

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Champion Empowerment Institute, LLC and its affiliated companies (collectively, “Company” “Champion Companies” or “we” or “us” or “our”), concerning your access to and use of the https://www.championempowerment.com website as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Website”). The Website provides the following service: Access to Student Loan Repayment Experts, Career & Financial Skill-building Tools, Grants & Scholarships Database and Champion Life Skills Courses. (“Company Services”). Supplemental terms and conditions or documents that may be posted on the Website from time to time, are hereby expressly incorporated into this Agreement by reference.

Company makes no representation that the Website is appropriate or available in other locations other than where it is operated by Company. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Website. Persons under the age of 13 are not permitted to register for the Website or use the Company Services.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITE.

Welcome to the Champion websites where we offer tools to help users have more successful life experiences.

Below are our detailed terms and conditions that you must read and accept before signing up for subscriptions. If you decide to use our sites and other services provided by the Websites (hereafter, the “Services”), you are bound by these Terms and Conditions.

These Terms and Conditions apply to users visiting or registering on or after July 1, 2017.

Contents

Overview

Your Use of the Websites
PROHIBITED ACTIVITIES

User Provided Content

Subscription Terms, Fees and Payments

Communications Between Champion Companies and You

Modifications to this Agreement

Liability Disclaimer
Financial Literacy 101

Site Management

Governing Law; Disputes

Miscellaneous

Contact Us

1. Overview

By accessing the Websites, you agree to the following terms and conditions (the “Terms and Conditions” or “Agreement”). You are legally bound by this Agreement, which is between you and Champion College Services, INC, Champion Empowerment Institute and the various websites we operate. The Agreement defines your rights and responsibilities as a user ("User") of the Websites, which are operated by Champion College Services, INC or its subsidiaries (together, and with their parent corporations, other subsidiaries and affiliates, “Champion,” “we,” or “us”). The Websites are operated in the United States of America. Access to the Websites is governed by these Terms and Conditions under the laws of the State of Arizona and the United States. Registration as a User on the any of the Websites results in your information being stored and processed in the United States, and you specifically consent to Champion’s storage and processing of the personal data you submit. You may access your information at any time to confirm its correctness and to keep it current in connection with your registration or subscription. Users of the Websites may communicate with other Users in order to collaborate and exchange information and/or images (together with the Users of the Websites and other websites and platforms owned by Champion or its affiliate companies, including, but not limited to, championcollegeservices.com, championempowerment.com, defaltislame.com, championforsuccess.org or other “Champion Companies” sites.

The Websites and Services provided herein are intended for adults. When a minor uses the Websites, the parent or guardian of that minor will be held responsible for the minor’s actions.

These Terms, including all terms, conditions and policies incorporated herein by reference, together with any legal notices published on the Websites, shall constitute the entire agreement between you and the Champion Companies concerning the Websites. If you don't agree with any of these Terms, or if you have any objections to our policies, do not use our Services or the Websites.

2. Your Use of the Websites

The Websites contain text, software, scripts, graphics, information, data, pictures, sounds, music, videos, interactive features, user generated information, editorial and other content accessible by Users (the “Content”). Except for iGrad tools and the EIAG database, which are governed by the third parties that host the records, all Content is owned, licensed to and/or copyrighted by Champion Companies and may be used only in accordance with this Agreement. Each Website is also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The trademarks, service marks and logos contained in the Websites are owned by or licensed to Champion Companies. Champion Companies and its licensors retain title, ownership and all other rights and interests in and to all information and Content on the Websites. All Content on the Websites, whether protected by copyright, contract rights, or both, is provided to you AS IS for your information and use only as permitted through the functionality of the Websites. We attempt to ensure that all Content on the Websites is complete and accurate. Despite our efforts, the Content may occasionally be inaccurate or incomplete and we make no representation that the Content on the Websites is complete, accurate, reliable or error-free.

You may access the Websites only personally with an individual browser and use the Content only for personal or professional purposes, and download Content only as search results relevant to that research or where expressly permitted by Champion Companies. For example, the download of the whole or material parts of any work or database is prohibited. Resale of a work or database or portion thereof is prohibited. Online or other republication of Content is prohibited.

Where permitted, the Content may be downloaded onto your computer or device through the use of authorized Champion Companies software. When downloaded, the Content remains subject to the limited use license contained in this Agreement. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You may use the software provided on the Websites only while online and may not download, copy, reuse or distribute that software, except where it is clearly stated that such software is made available for offline use. Bots, crawlers, spiders, data miners, scraping and other automatic access tools are expressly prohibited. You agree not to circumvent, disable or otherwise interfere with security related features of the Websites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Websites or Services or the Content therein. The licenses granted by Champion Companies terminate if you do not comply with this Agreement. Violation of this limited use license may result in immediate termination of your membership and may result in legal action against you.

Champion Companies does not claim an exclusive right to images already in the public domain that it has converted into a digital format. However, the Websites contain images or documents that are protected by copyrights or that, even if in the public domain, are subject to restrictions on reuse. By agreeing to these Terms and Conditions, you agree to not reuse these images or documents except that you may reuse public domain images so long as you only use small portions of the images or documents for personal use.

By using any of the Websites, you agree to comply with all applicable laws and refrain from infringing any third-party rights or interests (for example, privacy and intellectual property rights). You must also agree that you will not knowingly or willfully submit inaccurate, defamatory or offensive Content to the Websites. In addition, the following policies are part of this Agreement and must be followed anytime you access the Websites:

Rules of Conduct

Community Guidelines

Champion Companies reserves the right to change these policies from time to time and the changes take effect when we post them on the Websites.

PROHIBITED ACTIVITIES

You may not access or use the Website for any other purpose other than that for which Company makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:

attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website

attempting to impersonate another user or person or using the username of another user

criminal or tortious activity

deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website

deleting the copyright or other proprietary rights notice from any Website content

engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools

except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software

harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services to you

interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website

making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses

selling or otherwise transferring your profile

systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company

tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such as passwords

using any information obtained from the Website in order to harass, abuse, or harm another person

using the Company Services as part of any effort to compete with Company or to provide services as a service bureau

using the Website in a manner inconsistent with any and all applicable laws and regulations

3. User Provided Content

Portions of the Service and Content on the Websites are submitted by you and other users ("User Provided Content"), to which you may contribute appropriate material. User Provided Content includes, but is not limited to, any information you upload to the Websites, any posts you make on our message boards or community forums, and any comments or suggestions you send to us. For User Provided Content, we are merely hosting and providing access as well as providing tools to post and share content, and we cannot accept any liability with regard to such material (including with respect to its accuracy). While we cannot preview or monitor the User Provided Content, we may apply, at our discretion, automated filtering tools monitor and/or delete any content that Champion Companies believes to be in violation of this Agreement (for example, we could use automated tools to suppress obscene content). We reserve the right, but do not have the obligation, to act expeditiously to remove or disable access to any User Provided Content that we believe violates this Agreement. We are also sensitive to the copyright and other intellectual property rights of others. For complaints regarding copyright infringement or illegal content, email customer.service@championcollegeservices.com.

The decision to upload or share User Provided Content on the Websites is your responsibility and you should only submit or share User Provided Content that belongs to you (or where you have obtained all necessary permissions or consents) and that will not violate the rights of others. Be aware that copyright and other intellectual property rights will normally belong to the creator of the material in question and you should not reproduce or submit anything without permission of the owner. By submitting User Provided Content to any of the Websites, you represent and warrant that you have the right to do so or that you have obtained any necessary third-party consents (e.g., under privacy or intellectual property laws). If you submit material to any of the Websites on behalf of a group, organization or business entity, you represent and warrant that you have the right to do so and that you have obtained any consents from the group, organization or business. You agree that you will be liable to us and indemnify us for any loss or damage we suffer as a result of your breach of the foregoing warranties. Upon our request you agree to furnish Champion Companies with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with this provision.

By submitting User Provided Content on any of the Websites, you grant Champion Companies and its Group Companies a perpetual, transferable, sublicenseable, worldwide, royalty-free, license to host, store, copy, publish, distribute, provide access to create derivative works of, and otherwise use User Provided Content submitted by you to the Websites, to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. You hereby release all Champion Companies from any and all claims, liens, demands, actions or suits in connection with the User Provided Content you submit, including, without limitation, any and all liability for any use or nonuse of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. This license continues even if you stop using the Websites or the Services. Champion Companies may scan, image and/or create an index from the User Provided Content you submit. In this situation, you grant Champion Companies a license to the User Provided Content as described above and Champion Companies will own the digital version of documents created by Champion Companies as well as any indexed information that Champion Companies creates. Except for the rights granted in this Agreement, Champion Companies acquires no title or ownership rights in or to any User Provided Content you submit and nothing in this Agreement conveys any ownership rights in such User Provided Content on the Websites. The licenses granted continue for the maximum time permitted by applicable law, even if you stop using the Websites or the Services.

You acknowledge and agree that Champion Companies may preserve any User Provided Content and may disclose any User Provided Content (including its origin) if Champion Companies believes that it is required to do so by law or that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or governmental requests; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or safety of the Websites, the Users, or the public.

4. Subscription Terms, Fees and Payments

Champion Empowerment bills you through an online billing account for purchases of products and/or services. You agree to pay Champion Empowerment all charges at the prices in effect for the products you or other persons using your billing account may purchase, and you authorize Champion Empowerment to charge your chosen payment provider for any such purchases. You agree to make payments using that selected payment method. If you have ordered a product or service that is subject to recurring charges, then you consent to Champion Empowerment charging your payment method on a recurring basis, without requiring your additional approval from you for each recurring charge until such time as you cancel the applicable product or service. Champion Empowerment reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Champion Empowerment. Champion Empowerment may change prices at any time. All payments shall be in U.S. dollars.

Users of the Websites may be unregistered visitors, school or patron sponsored Users and paying subscribers. The different payment options and services offered for the different levels will be published on the relevant Website or at the time a subscription or other service is offered or renewed. Any terms and conditions applying to such subscriptions or other services are incorporated into this Agreement.

REQUIREMENTS: You must be 18 years or older to use or subscribe to any of the Websites. You must provide the Champion Companies with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement. As part of the registration process, you will assign a username and you will select a password. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person without authorization; or (iii) use a name that we, in our sole discretion, deem inappropriate. You are responsible for all usage or activity on Champion Companies via your account, and you must keep your account password secure. Distribution of your password to others for access to Champion Companies is expressly prohibited. You will never be required to reveal your password to any representative or agent of Champion Companies, its owners or agents. You must immediately notify us by the contact information below of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or billing information.

RENEWALS: All subscriptions are automatically renewing with the exception of GROUP PLAN subscriptions. This means that once you sign up to become a subscribing member, your subscription will be automatically renewed and your billing method will be charged based on the subscription program (monthly/annually) you have chosen, unless you opt out or cancel by following the instructions in this Agreement. Please ensure that you correct any information which has changed in respect to your Payment Method to prevent your subscription lapsing due to us being unable to process your payment. Billing charges will be processed immediately when your order is taken and according to the billing details displayed when you choose a subscription, as well as when your subscription is automatically renewed. In the case of subscriptions longer than one month, you will be notified via email before your subscription ends and asked to correct any information which has changed and reminded of the opportunity to “opt out” of your renewal. The renewal of the subscription takes place subject to the terms and conditions in force on the date of renewal. When other offers, promotions or free trials are made available, the specific terms and conditions that apply to each will be stated at the time of purchase; please ensure you have noted any relevant rules, cancellation dates or price changes.

Opting Out of Renewal. You may opt out of renewing your subscription by phone or email via the contact information below or logging into your Account page on the Website(s) you have subscribed to at least two business days before the renewal date and following the cancellation instructions there. If you do not let us know that you want to terminate your subscription at least two business days prior to the end of the current subscription period, the payment for the renewal period of the subscription will be processed.

Cancellation and Refund Policy. The Introductory Course may be cancelled at any time. For the annual contract paid monthly, service begins the moment your initial payment is processed. You will be charged every month for the duration of your annual contract. Your contract will renew automatically, on your annual renewal date, until you cancel. Renewal rates are subject to change, but we’ll notify you of the amount beforehand via email. It is your responsibility to insure Champion Empowerment has a valid email address for you. If you cancel within 48 hours of your order, you’ll be fully refunded. Should you cancel after 48 hours, you’ll be charged 25% of your remaining contract obligation ($30) and your service will continue until the 3rd month mark of your billing cycle. Cancellations can be made any time by visiting your Manage Account or by contacting us using the contact form. Please note that for gift or sponsored subscriptions are non-refundable and begin on the date the gift code is applied to a new account. If you cancel an annual subscription you will retain access to the applicable Website(s) until your subscription expires. Cancellations may be made by phone or email via the contact information below or by logging into your Account page on the appropriate Website and following the cancellation instructions there.

Your cancellation must be received by end of business (5:00 p.m. Mountain Time) on the appropriate day as described above. All refunds will be given to the original credit card on which the purchase was made. Please allow a reasonable time for the refund to reach you or be charged back to your account.

Termination or Suspension of Your Account. If we believe, in our sole discretion, that you are in breach of this Agreement or are acting inconsistently with the letter or spirit of this Agreement, we may limit, suspend or terminate your access to the Websites. In such a case, no portion of your subscription payment will be refunded. We also reserve the right to suspend or terminate your access to the Websites for any reason, and should we decide to suspend your access for any reason other than a breach by you, we will refund to you any unused portion of your subscription payment, which will be your sole and exclusive remedy upon such suspension or termination.

Prices Subject to Change. Prices may be changed by Champion Companies at any time and each renewal of your subscription will be at the price that you were originally charged for that subscription when you subscribed, unless otherwise stated or there is a change in your subscription price. Champion Companies shall provide you with reasonable notice of any change in prices prior to the effective date of the new pricing by email or other reasonable means such as a notice on the pertinent Website(s) or in usual subscriber communications. If you do not wish to continue with your subscription due to the new prices, you may opt out of renewal or cancel as set forth above.

5. Communications Between Champion Companies and You

We may contact you (via the Websites, electronic mail, physical mail or otherwise) for the purpose of informing you of changes or additions to the Websites or Services, or of any related products and services. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You may opt out of commercial advertising and marketing communications at any time by following the unsubscribe instructions included in each communication or by going to your Account page on the relevant Website(s) and changing your preferences. Please see our Privacy Statement for further information on how we manage and process your personal information.

6. Modifications to this Agreement

Champion Companies has the right, at its sole discretion, to modify this Agreement, as well as the Websites, Content, and the Services, at any time. Changes will be posted on the pertinent Website(s) and/or sent via email, and by changing the date of last revision on this Agreement. If any portion of this Agreement or any change to the Websites, Content, or the Services is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may cancel your subscription by following the instructions in this Agreement. Continued use of the Websites or the Services now or following posted notices of changes to this Agreement means that you have accepted and agree to be bound by the changes.

7. Liability Disclaimer

We make no express warranties or representations as to the quality and/or accuracy of the Content, the Websites or the Services, and we expressly disclaim any implied warranties, conditions and/or representations, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the full extent permissible under applicable law. We offer the Content, the Websites and the Services on an "as is” basis and do not accept responsibility for any use of or reliance on the Websites, Content or Services, or for any disruptions to or delay in the Services. In addition, we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Websites, Content or Services. Champion Companies does not guarantee the adequacy of the Services or Websites or compatibility thereof to your computer equipment, mobile devices, or environment and does not warrant that the Websites, the Services, their servers, or any emails which may be sent from Champion Companies are free of viruses or any other harmful components.

To the fullest extent permissible under applicable law, we limit our liability. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any actual, incidental, indirect or consequential loss or damage howsoever caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. For example, we shall not be liable to you for any of the following types of damages, whether in contract, tort (including negligence and strict liability) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; or (v) loss or corruption of, or damage to, data, systems or programs. Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. If you are dissatisfied with any portion of the Websites or the Services, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using the Websites and the Services. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable to others as well as to us if your account is used in violation of the terms and conditions of this Agreement.

You agree to defend, indemnify and hold harmless Champion Companies, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Websites and Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Provided Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Websites and Services.

Champion Companies may, from time to time, provide opportunities to Users of the Websites to purchase services from third parties. Websites of those third parties are subject to terms and conditions different from those applicable to the Websites and it is your responsibility to ensure that you have read and understood them. Champion Companies makes no warranty concerning, is not responsible for and does not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third-party provider and not from Champion Companies.

Financial Literacy 101

The following terms and conditions govern your attendance and participation in the Financial Literacy 101 class (the “Program”) provided by Champion Empowerment Institute, LLC (the “Company”). By registering for the Program, you (the “Registrant”) signify your acceptance of these terms and conditions. If you do not agree to the following Terms and Conditions, you should not register for or attend the Program.

You understand that there is no guarantee that you will achieve any particular financial outcome using the techniques, strategies, and information you will learn in the Program. Financial outcomes are affected by many factors, and these factors differ among individuals and situations. Any Company representations regarding financial outcomes or objectives are expectations or forecasts for future potential, and are not guarantees or promises for actual performance.

The information contained in the Program cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial or legal matters. The Company and the Program do not offer any professional, personal, financial, or legal advice.

THE SERVICES AND ALL INCLUDED CONTENT OF THE PROGRAM ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE COMPANY SPECIFICALLY DISCLAIMs ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY FURTHER DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR PARTICIPATION IN THE PROGRAM OR USE OF THE SERVICES OR CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE PROGRAM, SERVICES, OR CONTENT IS AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PROGRAM; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE COMPANY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL THE COMPANY'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE PROGRAM EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY THE COMPANY FROM YOU FOR THE PROGRAM DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO THE COMPANY’S ABILITY TO MAKE THE PROGRAM AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

Any dispute related to these terms will be governed by the laws of the State of Arizona, excluding its conflicts of law provisions. You consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Maricopa County, Arizona as the legal forum for any such dispute.

Excluding claims for injunctive or other equitable relief, for claims related to the Services where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either you or the Company may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution ("ADR") provider, mutually agreed upon by you and the Company. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

The Champion Companies reserves the right to revise the Terms at any time. Any revisions are effective immediately upon posting.

8. Site Management

Company reserves the right but does not have the obligation to:

monitor the Website for violations of this Agreement;

take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;

in Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any Company policy;

in Company’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company’s systems;

otherwise manage the Website in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Website.

9. Governing Law; Disputes

By using the Services or the Websites, you agree that the Federal Arbitration Act, applicable federal law, and the law of the State of Arizona, without regard to its principles on conflicts of laws, will govern these Terms and Conditions, your use of the Websites and the Services, and any dispute of any sort that might arise between you and Champion Companies.

If a dispute arises between you and Champion Companies, our goal is to provide you a neutral and cost-effective means of resolving the dispute quickly. To that end, you agree to first contact Champion Companies Customer Support by phone or email via the contact information below to describe the problem and seek a resolution. If that does not resolve the issue, then you and Champion Companies agree that any dispute or claim relating to your use of the Services or the Websites will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. In addition, you and Champion Companies both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason a claim proceeds in court rather than in arbitration, you and Champion Companies each waive any right to a jury trial.

You and Champion Companiesagree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative action. Further, unless both you and Champion Companies agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This entire arbitration provision shall survive termination of this Agreement and the termination of your Champion Companies membership(s).

To begin an arbitration proceeding, you must send a certified letter requesting arbitration and describing your claim to Champion Companies Legal Department, Champion College Services, 7776 S Pointe Parkway West, Suite 250, Phoenix, AZ 85044. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules rules, including the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA, as modified by this Agreement (collectively, "AAA Rules"). The AAA Rules and costs are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

10. Miscellaneous

Promotions. Any sweepstakes, contests, raffles or other promotions (collectively, “Promotions”) made available by Champion Companies may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Statement. If the rules for a Promotion conflict with this Agreement, the Promotion rules will apply.

Assignment. We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without the written consent of Champion Companies, assign or transfer any of your rights and obligations under this Agreement. There shall be no third-party beneficiaries to this Agreement.

Severability. In the event that any term of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of these terms shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.

Waiver. Any failure by us to enforce any term of the terms of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.

Complete Agreement. This Agreement, including any terms, conditions and policies expressly referenced herein, together with any legal notices published on the Websites, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by Champion Companies.

11. Contact Us

If you have any questions or comments, or would like to discuss your subscription with our Customer Support staff, please contact us via the following information:

In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Company as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.